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<br />2. COMPENSA nON <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, a rate and charge of $85.00 per City employee participant per day (8 hours), <br />including all travel expenses. The minimum number of students required to conduct a <br />class will be nine. The total sum to be expended under this Agreement shall not exceed <br />$10,000.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date tirst written above and terminate on <br />June 30, 2003, unless terminated earlier in accordance with Section 12, below. In order <br />to provide continuous uninterrupted service to City by Consultant, this Agreement shall <br />cover all services performed by Consultant for City from September 01, 02 to the <br />termination of this Agreement. The term of this Agreement may be extended upon a <br />writing executed by the Executive Director of the Personnel Services Agency and the <br />City Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />